Employee vs. Employer Contributions
In any 401(k) plan, there are employee contributions (what the participant contributed from their paycheck) and employer profit-sharing or matching contributions. These need to be treated separately because contributions from the employer may not be fully vested.
Most QDROs will divide the account as of a specific date (usually the date of separation or a defined “valuation date”) but may also need to state whether the alternate payee—typically the ex-spouse—is entitled to part of the employer’s contributions and any growth or loss on those funds.

